Rock v. Rock

I respectfully disagree with the majority’s finding that the trial court erred in dismissing wife’s suit. The majority states that “cohabitation does not require an intent to remain somewhere indefinitely, while domicile does.” I am of opinion that intent is as important in determining the place of “last cohabitation” as it is in determining residency or domicile. I am further of opinion that a person’s intent is a factual issue and that the trial court is the tribunal for the resolution of facts. If a factual determination of intent must be made, our assignment is to review the record and…